United States Government Publishing Office publisher pbl distributor dst United States Congress House of Representatives author aut Government Organization text government publication eng CRPT Congressional Committee Materials 104_cong_reports legislative 2010-08-09 U.S. Government Printing Office 1996-04-15 monographic deposited born digital 14 digital object pages Y 1.1/8: https://www.govinfo.gov/app/details/CRPT-104hrpt516 P0b002ee18031e166 f:hr516p1.104.txt DGPO 2010-08-09 2024-11-10 CRPT-104hrpt516 machine generated eng fdlp Report to accompany H.R. 1527, including cost estimate of the Congressional Budget Office, The Committee on Resources, to whom was referred the bill (H.R. 1527) to amend the National Forest Ski Area Permit Act of 1986 to clarify the authorities and duties of the Secretary of Agriculture in issuing ski area permits on National Forest System lands and to withdraw lands within ski area permit boundaries from the operation of the mining and mineral leasing laws, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Strike out all after the enacting clause and insert in lieu thereof the following: SECTION 1. SKI AREA PERMIT RENTAL CHARGE. (a) The Secretary of Agriculture shall charge a rental charge for all ski area permits issued pursuant to section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b), the Act of March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497), or the 9th through 20th paragraphs under the heading ``SURVEYING THE PUBLIC LANDS'' under the heading ``UNDER THE DEPARTMENT OF THE INTERIOR'' in the Act of June 4, 1897 (30 Stat. 34, chapter 2), on National Forest System lands. Permit rental charges for permits issued pursuant to the National Forest Ski Area Permit Act of 1986 shall be calculated as set forth in subsection (b). Permit rental charges for existing ski area permits issued pursuant to the Act of March 4, 1915, and the Act of June 4, 1897, shall be calculated in accordance with those existing permits: Provided, That a permittee may, at the permittee's option, use the calculation method set forth in subsection (b). (b)(1) The ski area permit rental charge (SAPRC) shall be calculated by adding the permittee's gross revenues from lift ticket/year-round ski area use pass sales plus revenue from ski school operations (LT+SS) and multiplying such total by the slope transport feet percentage (STFP) on National Forest System land. That amount shall be increased by the gross year-round revenue from ancillary facilities (GRAF) physically located on national forest land, including all permittee or subpermittee lodging, food service, rental shops, parking and other ancillary operations, to determine the adjusted gross revenue (AGR) subject to the permit rental charge. The final rental charge shall be calculated by multiplying the AGR by the following percentages for each revenue bracket and adding the total for each revenue bracket: (A) 1.5 percent of all adjusted gross revenue below $3,000,000; (B) 2.5 percent for adjusted gross revenue between $3,000,000 and $15,000,000; (C) 2.75 percent for adjusted gross revenue between $15,000,000 and $50,000,000; and (D) 4.0 percent for the amount of adjusted gross revenue that exceeds $50,000,000. Utilizing the abbreviations indicated in this subsection the ski area permit fee (SAPF) formula can be simply illustrated as: SAPF=((LT+SS)<greek-e>STFP)+GRAF=AGR; AGR<greek-e>% BRACKETS (2) in cases where ski areas are only partially located on national forest lands, the slope transport feet percentage on national forest land referred to in subsection (b) shall be calculated as generally described in the Forest Service Manual in effect as of January 1, 1992. Revenues from Nordic ski operations shall be included or excluded from the rental charge calculation according to the percentage of trails physically located on national forest land. (3) in order to ensure that the rental charge remains fair and equitable to both the United States and ski area permittees, the adjusted gross revenue figures for each revenue bracket in paragraph (1) shall be adjusted annually by the percent increase or decrease in the national Consumer Price index for the preceding calendar year. No later than 3 years after the date of enactment of this Act and periodically thereafter the Secretary shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives a report analyzing whether the ski area permit rental charge legislated by this Act is returning a fair market value rental to the United States together with any recommendations the Secretary may have for modifications of the system. (c) The rental charge set forth in subsection (b) shall be due on June 1 of each year and shall be paid or pre-paid by the permittee on a monthly, quarterly, annual or other schedule as determined appropriate by the Secretary in consultation with the permittee. Unless mutually agreed otherwise by the Secretary and the permittee, the payment or prepayment schedule shall conform to the permittee's schedule in effect prior to enactment of this Act. to reduce costs to the permittee and the Forest Service, the Secretary shall each year provide the permittee with a standardized form and worksheets (including annual rental charge calculation brackets and rates) to be used for rental charge calculation and submitted with the rental charge payment. information provided on such forms shall be compiled by the Secretary annually and kept in the Office of the Chief, U.S. Forest Service. (d) The ski area permit rental charge set forth in this section shall become effective on June 1, 1996 and cover receipts retroactive to June 1, 1995: Provided, however, That if a permittee has paid rental charges for the period June 1, 1995, to June 1, 1996, under the graduated rate rental charge system formula in effect prior to the date of enactment of this Act, such rental charges shall be credited toward the new rental charge due on June 1, 1996. in order to ensure increasing rental charge receipt levels to the United States during transition from the graduated rate rental charge system formula of this Act, the rental charge paid by any individual permittee shall be-- (1) for the 1995-1996 permit year, either the rental charge paid for the preceding 1994-1995 base year or the rental charge calculated pursuant to this Act, whichever is higher; (2) for the 1996-1997 permit year, either the rental charge paid for the 1994-1995 base year or the rental charge calculated pursuant to this Act, whichever is higher; (3) for the 1997-1998 permit year, either the rental charge for the 1994-1995 base year or the rental charge calculated pursuant to this Act, whichever is higher. If an individual permittee's adjusted gross revenue for the 1995-1996, 1996-1997, or 1997-1998 permit years falls more than 10 percent below the 1994-1995 base year, the rental charge paid shall be the rental charge calculated pursuant to this Act. (e) Under no circumstances shall revenue, or subpermittee revenue (other than lift ticket, area use pass, or ski school sales) obtained from operations physically located on non-national forest land be included in the ski area permit rental charge calculation. (f) to reduce administrative costs of ski area permittees and the Forest Service the terms ``revenue'' and ``sales'', as used in this section, shall mean actual income from sales and shall not include sales of operating equipment, refunds, rent paid to the permittee by sublessees, sponsor contributions to special events or any amounts attributable to employee gratuities or employee lift tickets, discounts, or other goods or services (except for bartered goods and complimentary life tickets) for which the permittee does not receive money. (g) in cases where an area of national forest land is under a ski area permit but the permittee does not have revenue or sales qualifying for rental charge payment pursuant to subsection (a), the permittee shall pay an annual minimum rental charge of $2 for each national forest acre under permit or a percentage of appraised land value, as determined appropriate by the Secretary. (h) Where the new rental charge provided for in subsection (b)(1) results in an increase in permit rental charge greater than one half of one percent of the permittee's adjusted gross revenue as determined under subsection (b)(1), the new rental charge shall be phased in over a five year period in a manner providing for increases for approximately equal increments. (i) to reduce federal costs in administering the provisions of this Act, the reissuance of a ski area permit to provide activities similar in nature and amount to the activities provided under the previous permit shall not constitute a major Federal action for the purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.). SEC. 2. WITHDRAWALS. HRPT CRPT-104hrpt516 HOUSE 104 516 2 false true https://www.govinfo.gov/app/details/CRPT-104hrpt516 H. Rept. 104-516 Part 1 D09002ee1ce4986c5 D09002ee1ce4986c6 https://www.govinfo.gov/app/details/CRPT-104hrpt516/CRPT-104hrpt516-pt1 f:hr516p1.104.txt https://www.govinfo.gov/app/details/CRPT-104hrpt516/CRPT-104hrpt516-pt1 https://www.govinfo.gov/content/pkg/CRPT-104hrpt516/pdf/CRPT-104hrpt516-pt1.pdf https://www.govinfo.gov/content/pkg/CRPT-104hrpt516/html/CRPT-104hrpt516-pt1.htm H. Rept. 104-516,Part 1 The Committee on Resources, to whom was referred the bill (H.R. 1527) to amend the National Forest Ski Area Permit Act of 1986 to clarify the authorities and duties of the Secretary of Agriculture in issuing ski area permits on National Forest System lands and to withdraw lands within ski area permit boundaries from the operation of the mining and mineral leasing laws, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. AMENDING THE NATIONAL FOREST SKI AREA PERMIT ACT OF 1986;H. Rept. 104-516,Part 1 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed FIRSTPART CRPT-104hrpt516-pt1 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Part 1 2 The Committee on Resources, to whom was referred the bill (H.R. 1527) to amend the National Forest Ski Area Permit Act of 1986 to clarify the authorities and duties of the Secretary of Agriculture in issuing ski area permits on National Forest System lands and to withdraw lands within ski area permit boundaries from the operation of the mining and mineral leasing laws, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. Mr. Young of Alaska, from the Committee on Resources, submitted the following Committee on Resources Resources Mr. Young of Alaska Don Young Young, Don Don E. Young

H.R. 1527, 104th Don Young United States House of Representatives sponsor spn United States Congress Member United States Congress House of Representatives Committee on Resources associated name asn Government Organization H.R. 1527 104 OTHER H.R. 1527 104 PRIMARY H.R. 2491 104 OTHER Title 16 Section 497b Title 16 Section 497 16 U.S.C. 497b 16 U.S.C. 497 Title 42 Section 4331et seq. 42 U.S.C. 4331et seq. Volume 30 Page 34 30 Stat. 34 Volume 38 Page 1101 38 Stat. 1101 Public Law 104-4 Public Law No 104-4